Architecture and Public Policy

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CIS explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to those changes. This work has lead us to analyze the issue of network neutrality, perhaps the Internet's most debated policy issue, which concerns Internet user's ability to access the content and software of their choice without interference from network providers.

Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, and Associate Professor (by courtesy) of Electrical Engineering, Stanford University

Barbara van Schewick is a Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, Associate Professor (by courtesy) of Electrical Engineering in Stanford University’s Department of Electrical Engineering, and a leading expert on net neutrality.

Paddy Leerssen is the Open Internet Fellow at the Stanford Center for Internet and Society. His work focuses on digital media and communications law, with a particular emphasis on net neutrality policy. He previously held positions at the Harvard University’s Berkman Klein Center for Internet and Society, the University of Amsterdam’s Institute for Information Law (IViR), and the non-governmental organization European Digital Rights (EDRi).

Marvin Ammori is a leading First Amendment lawyer and Internet policy expert. He was instrumental to the adoption of network neutrality rules in the US and abroad–having been perhaps the nation’s leading legal advocate advancing network neutrality–and also instrumental to the defeat of the SOPA and PIPA copyright/censorship bills.

Emily Baxter is a research associate for Women's Economic Policy at the Center for American Progress, focusing on women's and families' economic security, women's leadership, and work-family balance. She previously worked as the special assistant for the Faith and Progressive Policy Initiative at the Center. In the fall of 2012, Emily was a field organizer for President Obama’s re-election campaign near her hometown of Erie, Pennsylvania.

On Monday, I wrote a post for Just Security where I reflected on last week's news concerning the FBI's attempts to coerce Apple into creating a forensic bypass to the iPhone passcode lockout. I wrote that we live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense.

The Berklett Cybersecurity Project of the Berkman Center for Internet and Society at Harvard University has just released a new report on the so-called “going dark problem” that is fueling law enforcement demands for access to encrypted information. The report, “Don’t Panic: Making Progress on the ‘Going Dark’ Debate,” concludes that new consumer technologies will increasingly provide a wealth of data to governments about individual movements and activities.

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy.

On Tuesday, October 27, the European Parliament will vote on rules intended to protect network neutrality in the European Union (EU). However, the proposal about to be adopted fails to deliver network neutrality to the EU and is much weaker than current net neutrality rules in the United States. Fortunately, it’s not too late to change course. Members of Parliament can still secure meaningful network neutrality for Europe — if they adopt key amendments on Tuesday.

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Comcast Corp. v. FCC is a 2010 United States Court of Appeals for the District of Columbia case holding that the Federal Communications Commission (FCC) does not have ancillary jurisdiction over Comcast’s Internet service under the language of the Communications Act of 1934. In so holding, the Court vacated a 2008 order issued by the FCC that asserted jurisdiction over Comcast’s network management polices and censured Comcast from interfering with its subscribers' use of peer-to-peer software.

In 2005, on the same day the FCC re-classified DSL service and effectively reduced the regulatory obligations of DSL providers, the FCC announced its unanimous view that consumers are entitled to certain rights and expectations with respect to their broadband service, including the right to:

"“The law is neither with the telecom companies nor with the activists. It has been overcomplicated and could be interpreted either way,” says Thomas Lohninger, an activist who is a part of the savetheinternet.eu campaign which has nearly 22 digital rights organisations across Europe under its ambit.

"Andrew McLaughlin, former Obama administration deputy chief technology officer and now head of content organization at Medium, proposed in a tweet Tuesday night: “Trump’s win endangers GOP Senators. America’s tech community should rally to defeat Richard Burr, for his idiotic war on Internet security.” (Burr tweeted support for Trump on Wednesday.)

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This year’s Security of Things Forum will feature two tracks: Leaders and Hackers that are intended to balance high-level talks and panel discussions focused on the operational and policy impacts of securing the Internet of Things with a variety of hands-on demonstrations, tutorials and granular “shop talks” on everything to IoT device hacking to protocols and platform as a service options, to securing IoT devices in enterprises and critical infrastructure settings.

Valarie Kaur, a civil rights lawyer, documentary filmmaker and interfaith leader, will deliver the commencement address during the 100th annual commencement ceremony at the College of Saint Benedict at 2 p.m. Saturday, May 9, in Clemens Field House on the CSB campus, St. Joseph, Minnesota.

Valarie Kaur, founder of Groundswell, gave this moving address on Revolutionary Love at the world's largest interfaith gathering – the 2015 Parliament of the World's Religions. Don't miss the message our world needs to hear – "Forgiveness is not forgetting, forgiveness is freedom from hate."